Under the US Constitution and federal law, it’s the responsibility of Congress and the President to create a federal budget and spending bills. The process is complex, but one thing is clear: federal agencies shouldn’t be able to decide, on their own, how federal funds get spent, or to take money that’s been allocated for another purpose. And yet, that’s exactly what has been going on – Department of Homeland Security is essentially taking hundreds of millions of dollars from federal agencies like FEMA and giving it to Immigration and Customs Enforcement to use for Trump’s racist, deadly immigration agenda. They deceptively call it “reprogramming and transfer authority,” but we call it sleight of hand. Or theft. Relatedly, on September 4 it was revealed that states from Virginia to Arizona will lose millions in the administration’s plan to divert $3.6 BILLION from Pentagon-funded military construction projects to build a wall along the border.

In the current budget process, the House of Representatives has passed a good DHS Appropriations bill, which sets overall spending limits by the agency. The House bill (1) puts some limitations on how ICE/Customs and Border Protection can spend its money, and (2) rescinds the DHS Secretary’s ability to move money from any part of DHS (such as FEMA) to CBP and ICE Enforcement and Removal.

Now it’s the Senate’s turn. Senators Feinstein and Harris both signed a letter to the Senate Committee on Appropriations supporting reduced funding for the administration’s immigration and detention agenda, and opposing ICE’s reprogramming and transfer authority. But they need to hear from us, because there will be pressure for the Senate to come up with a bipartisan bill. Tell our Senators you want reduced funding for ICE and CBP, and an end to ICE’s “reprogramming and transfer” authority. Also: Indivisible’s “Defund Hate” week of action is September 9-13, and we have lots going on: check out our article and plan to join us and our partners for crafting, calling, rallying, and more!

Read on for a call script and contact info; and below that, for more information and resources.

What to do:

1. Contact our Senators, tell them you want reduced funding for ICE and CBP, and an end to ICE’s “reprogramming and transfer” authority.

What to say:

My name is _________, my zip code is _________, and I’m a member of Indivisible East Bay. I want to thank the Senator for opposing the administration’s horrible immigration agenda, and also opposing ICE’s reprogramming and transfer authority. I hope the Senator will work for a DHS appropriations bill like the one passed by the House. We need a bill with protections for immigrants and an end to using all of DHS as a slush fund for immigrant detention, deportation, and abuse.

2. Check out Indivisible National’s “Defund Hate” campaign and mark your calendars for their September 9-13 Week of Action. If you text Defund Hate to 977-79, Indy National will send you the latest updates on our plan for the Week of Action, including telling you when events are registered near you. And be on the lookout for IEB and partners’ action items coming your way!

3. Spread the word! Got friends outside California? Send them this link so they can contact their Members of Congress.

More information:

As if the administration’s immigration policy weren’t devastating enough in terms of the threat to life and health, last year, just as hurricane season was about to start, ICE raided $10 million from FEMA (the agency responsible for coordinating disaster response efforts). This year they’re raiding $155 million from FEMA and a total of over $270 million from agencies dealing in safety. And remember when Trump declared a national emergency so he could build his wall? That money he wanted – billions of dollars – was to be transferred from other agencies to which Congress had budgeted it. That, in a nutshell, is how “reprogramming and transfer” is happening – Congress budgets money for things that are not Trump’s immigration and detention program, and then he and DHS sneak in or bully their way in and take it anyway.

This ability to steal money that isn’t theirs lets ICE make a mockery of Congress. Congress appropriates money to the various parts of the government? Meaningless! Congress tells ICE to decrease immigrant detention to a specific level? Not happening – ICE thinks it’s above the law.

Prohibits construction of border barriers, except with funds appropriated for that purpose.

Prohibits funding transfers to ICE Operations and Support for Enforcement and Removal Operations.

Prohibits ICE from removing sponsors of unaccompanied children based on information provided by the Office of Refugee Resettlement as part of the sponsor’s application to accept custody of the child.

Limits future detention facility contracts or renewals from having an indefinite period of availability.

Ensures access by Members of Congress to detention facilities.

California’s Senators have spoken out in favor of curbing funding for ICE and CBP and in favor of “language limiting the DHS Secretary’s ability to transfer funds for the purpose of detaining immigrants.” While not as strong as the House version, that’s pretty good. But the appropriations process is about to heat up in the Senate, and at this point in the proceedings there will be pressure on the Senate to come up with a bipartisan bill – meaning that it’s going to take support from us to keep our Senators fighting to keep ICE’s hands off money we don’t want them to have.

Bottom line: If we don’t want the administration to keep stealing millions of dollars that we need for health and safety and other critical issues that Congress has budgeted it for, we need to act NOW.

Deadline: August 6, 2018 – Attacking immigrants by bureaucracy: the 2020 Census will include a new question on citizenship. Why? The Constitution requires that the Census count “all persons” – NOT all citizens. Members of Congress, whose districts are determined by the Census counts, represent all people, NOT just citizens. The Commerce Department, however, bizarrely claims citizenship data “is critical to the Department’s enforcement of Section 2 of the Voting Rights Act and its important protections against racial discrimination in voting.” Census experts and civil rights advocates strongly disagree. Read our earlier article here.

California Attorney General Xavier Becerra immediately filed a lawsuit to prohibit the citizenship question from being used. Other lawsuits followed; one lawsuit, brought by a coalition of states and cities, led by New York, recently survived a challenge and is proceeding in New York federal court. Fifty-six House members signed a letter to Commerce Secretary Wilbur Ross on June 28, asking him to explain “contradictory and misleading statements” made by him and other members of the administration regarding the process behind the decision to add the citizenship question to the census.

Now you also have a chance to speak out on this racist, anti-immigrant ploy! The Census, including the citizenship question, is open for public comment until Monday, August 6. The main page is here; the comment page is here. Some possible points you may wish to include in your comment:

There’s no evidence a citizenship question is needed to enforce the Voting Rights Act or to protect against racial discrimination in voting.

Nonpartisan experts, including six former Census Bureau directors, believe the question is not properly tested and risks the accuracy of the Census.

The question is likely to depress response rates, leading to a serious under-count

The Constitution requires that the census count citizens and non-citizens alike.

Any actions that appear hostile to non-citizens should be scrupulously avoided, especially in this very hostile political climate.

Adding this question is likely to skew the census count by discouraging immigrants from participating, thus blocking states from receiving sufficient federal funding.